Suboh v. Denver Health and Hospital Authority
1:15-cv-02380
D. Colo.Dec 21, 2015Background
- Jamel A. Suboh, incarcerated in Denver County Jail, filed a §1983 action on Oct 27, 2015 (ECF No. 1) with in forma pauperis status (ECF No. 4).
- Magistrate Judge Gallagher found deficiencies and ordered an amended complaint to properly state a §1983 claim against proper Defendants (ECF Nos. 5, 6).
- Court must liberally construe pro se pleadings but does not act as advocate; Plaintiff must file a Second Amended Prisoner Complaint.
- Amended complaint mirrored prior claims: (1) Deliberate Medical Neglect; (2) Deprived of Civil Rights; (3) Deliberate Indifference, arising from ear infection and alleged mismanagement of antibiotics.
- Court concludes Plaintiff must plead an official policy or custom to hold Denver Health or City/County of Denver liable under Monell; otherwise individual defendants must be named with personal participation shown.
- Court grants thirty days to file a Second Amended Prisoner Complaint and warns dismissal if not compliant.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Monell liability missing | Suboh asserts Denver Health/City liable for policies or customs. | Monell requires policy/custom; isolated incidents suffice not. | Plaintiff must plead policy/custom or name individuals. |
| Private contractor liability under §1983 | Denver Health, as a contracted entity, should be liable for its employees' actions. | Respondeat superior not applicable; no liability without policy. | Monell standard applies to Denver Health; no liability without policy/custom. |
| Personal participation required | Names imply harm by specific defendants. | Must show each defendant’s personal involvement. | If suing individuals, must show personal participation and causal link. |
| Amendment procedure | seeks to amend to fix deficiencies. | Court should require proper amendment. | Amendment ordered; must identify defendants and asserted §1983 claims clearly. |
| Time to amend | Thirty days to file Second Amended Complaint; if not, case may be dismissed. |
Key Cases Cited
- Monell v. New York City Dep’t of Social Servs., 436 U.S. 658 (1978) (local governments liable under §1983 only for official policy or custom)
- Hinton v. City of Elwood, Kan., 997 F.2d 774 (10th Cir. 1993) (Monell applies to municipalities with custom or policy)
- City of Canton v. Harris, 489 U.S. 378 (1989) (failure-to-train claims require policy or custom connection)
- Myers v. Oklahoma County Bd. of County Comm'rs, 151 F.3d 1313 (10th Cir. 1998) (plausibility of Monell claims requires policy/custom)
- Dubbs v. Head Start, Inc., 336 F.3d 1194 (10th Cir. 2003) (private entity liable under §1983 only via official policy/custom)
- Villalpando v. Denver Health and Hospital Authority, 65 Fed. App’x 683 (10th Cir. 2003) (Monell analysis applies to Denver Health)
- Nasious v. Two Unknown B.I.C.E. Agents, 492 F.3d 1158 (10th Cir. 2007) (requirement of identifying who caused the violation)